Parker v. Dunn, et al. (INMATE 1)
Filing
22
ORDER re 18 Notice of Appeal filed by Shaquille Parker on 8/12/2015. Pursuant to the provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915, the plaintiff is required to pay the requisite $ 505.00 fee for filing this notice of appeal as further set out in the order. To aid those persons having custody of the plaintiff in complying with the requirements of this order, the clerk of this court is DIRECTED to furnish a copy of this order to the inmate account clerk at the institution of the plaintiffs confinement. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. Copy mailed to Kilby Correctional Facility as directed.(dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
SHAQUILLE PARKER,
Plaintiff,
v.
JEFFERSON DUNN, et al.,
Defendants.
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CIVIL ACTION NO.
2:15cv340-MHT
(WO)
ORDER
The plaintiff filed a notice of appeal on August
12, 2015.
Pursuant to the provisions of the Prison
Litigation Reform Act, 28 U.S.C. § 1915, the plaintiff
is
required
filing
this
to
pay
notice
the
of
requisite
appeal.
$
505.00
fee
Accordingly,
it
for
is
ORDERED that:
(1)
If the funds in the plaintiff’s prison account
exceed $ 505.00, those persons having custody of the
plaintiff shall forward to the clerk of this court the
$ 505.00 appellate filing fee.
(2)
If the funds in the plaintiff’s prison account
are less than $ 505.00, those persons having custody of
the plaintiff shall -(A) make an initial partial payment to this
court equal to the greater of the following amounts:
(a) 20 % of the average monthly deposits
to
plaintiff's
account
for
the
6-month
period
immediately preceding the date the plaintiff filed his
notice of appeal; or
(b) 20 % of the average monthly balance in
the plaintiff's account for the aforementioned 6-month
period.
(B) make additional monthly payments of 20 %
of
each
preceding
month's
income
credited
to
the
plaintiff's account until the balance of the $ 505.00
fee is paid. These additional monthly payments shall be
deducted from plaintiff's prison account each time the
amount
in
this
account
exceeds
$
10.00
until
the
$ 505.00 filing fee is paid in full.
(3) Where
against
the
the
appellate
plaintiff
for
2
court
payment
enters
of
a
costs
judgment
at
the
conclusion of the appeal, including any unpaid portion
of
the
required
$
505.00
filing
fee,
those
persons
having custody of the plaintiff shall continue making
monthly payments to this court in accordance with the
installment
plan
outlined
in
¶
2(B)
until
the
full
of
the
amount of the ordered costs is paid.
To
aid
those
persons
having
custody
plaintiff in complying with the requirements of this
order, the clerk of this court is DIRECTED to furnish a
copy of this order to the inmate account clerk at the
institution
account
of
clerk
the
is
plaintiff’s
advised
that
confinement.
if
the
The
plaintiff
is
transferred to another prison or detention facility the
account
clerk
appropriate
shall
official
furnish
at
the
this
order
institution
to
the
where
the
plaintiff is transferred so that the custodial agency
can assume the duties of collecting and forwarding any
remaining monthly payments to this court.
The
plaintiff
is
advised
that
if,
before
the
$ 505.00 filing fee is paid in full, the appellate
3
court disposes of the appeal--by dismissing the appeal
for
lack
of
jurisdiction,
want
of
prosecution,
or
because it is frivolous, or by deciding the appeal on
the merits--the plaintiff remains obligated to pay the
full $ 505.00 filing fee.
The filing fee will be
collected from any funds which become available to the
plaintiff and will be forwarded to this court by those
persons having custody of the plaintiff pursuant to the
directives contained in this order.
DONE, this the 17th day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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